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HomeMy WebLinkAboutORD 517ORDINANCE NO. 517 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 28 OF THE PALM DESERT MUNICIPAL CODE, RELATING TO THE PREVENTION OF FLOOD DAMAGE. The City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: SECTION 1: Title 28 of the Palm Desert Municipal Code is hereby amended to read : TITLE 28 FLOOD DAMAGE PREVENTION Chapter 28.02. Findings, Purpose, and Mitigation. 28.02.010 Findings of Fact. The City Council of the City of Palm Desert, California, hereby finds and declares that the: A. Flood hazard areas of the City of Palm Desert are subject to periodic inundation which results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and Impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. B. Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. 28.02.020 Purpose. It is the purpose of this Title to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1) To protect human life and health; 2) To minimize expenditure of public money for costly flood control projects; 3) To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4) To minimize prolonged business interruptions; ORDINANCE NO. ;17 2 5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard; 6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7) To insure that potential buyers are notified that property is in an area of special flood hazard; and 8) To ensure that those who occupy the -areas of special flood hazard assume responsibility for their actions. 28.02.030 Methods of Reducing Flood Losses. In order to accomplish its purposes, this Title includes methods and provisions for: 1) Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; 2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of Initial construction; 9 3) Controlling the alteration of natural flood plains, streams channels, and natural protective barriers, which help accommodate or channel flood waters; and 4) Controlling filling, grading, dredging, and other development which will unnaturally divert flood waters or which may increase flood hazards in other areas. Chapter 28.04.005 Definitions 28.04.005 Definitions. Except as specifically defined in this section, words and phrases used In this Chapter shall be interpreted to give them the meaning they have in common usage. A. "Appeal" means a request for a review of the Director of Public Works' Interpretation of any provision of this Chapter or a request for variance from the requirements of the Chapter. B. "Area of Shallow Flooding" means a designated AO or VO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and, velocity flow and flood related erosion and debris is evident. C. "Area of Special Flood Hazard" means the land in the flood plain within the City designated as Zone A, or Zone AO, on the Flood Insurance Rate ORDINANCE NO. 517 3 Map for the City of Palm Desert dated April IS, 1980, revised September 4, 1986. D. "Base Flood" means the flood having a one -percent chance of being equalled or exceeded in any given year. E. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. F. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations located within the area of special flood hazard. G. "Existina Manufactured Hone Park or Manufactured Home Subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobie home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of this Chapter. H. "Expansion To An Existing Manufactured Home Park or Manufactured Hone Subdivision" means the preparation of additional sites by the construction of facilities for servicing this on which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). I. "Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1) The overflow of inland or tidal waters; and/or 2) The unusual and rapid accumulation or runoff of surface waters from any source. J. "Flood Boundary and Floodway Map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazard and the floodway. K. "Flood Insurance Rate Map (FIRM)" means the official map on -which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. L. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, and the water surface elevation of the base flood. M. "Floodplain or flood -prone area" means any land area susceptible to being inundated by water from any source (see definition of "flooding"). ORDINANCE NO. 517 4 N. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain mangement regulations. 0. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. P. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Q. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "regulatory floodway". Regulatory flood channels include the Whitewater River Channel, the Palm Valley Storm Drain, and the Dead Indian/Ironwood Channel. R. "Freeboard" means the height of the object above the water surface, usually applied as a safety factor in hydrologic design practice. S. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. T. "Habitable Floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor". U. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. V. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this ordinance. ORDINANCE N0. 517 5 W. "Manufactured horse" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. X. "Mean sea level" means for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. Y. "New Construction" means structures for which a building permit is issued on or after the effective date of this Title. Z. "New Manufactured Home Park or Manufactured Home Subdivision" means a parcel (or contiguous parcels) or land divided into two or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including, at a minimum, the Installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after this Title. AA. "One hundred Year flood" or "100-year flood" means a flood which has a one percent annual probability of being equalled or exceeded. It is identical to the "base flood", which will be the term used throughout this ordinance. BB. "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. CC. "Remedy a violation" means to bring the structure or other development into compliance with State or local floodplain management regulations, or, if this is not possible to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing Federal financial exposure with regard to the structure or other development. DD. "Sand dunes" mean naturally occurring accumulations of sand in ridges or mounds. EE. "Special flood hazard area (SFHA)" means an area having special flood or flood -related erosion hazards, and shown on a FHBM or FIRM as Zone A, AO, or Al. FF. "Start of Construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement ORDINANCE NO. 517 11 was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stag of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. GG. "Structure" means a walled and roofed building or manufactured home that is principally above ground. HH. "Substantial Improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: 1) Before the improvement or repair is started; or 2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: a) Any project for improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. II. "Variance" means a grant of relief from the requirements of this Title which permits construction in a manner that would otherwise be prohibited. JJ. "Violation" means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. ORDINANCE N0. 517 7 CHAPTER 28.06 GENERAL PROVISIONS 28.06.010 Application of this Title. This Title shall apply to all areas of special flood hazards, within the jurisdiction of the City of Palm Desert. 28.06.020 Area of Special Flood Hazard. The area of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Palm Desert" dated October, 1979, revised September 4, 1986, with accompanying flood insurance rate maps, is hereby adopted by reference and declared to be a part of this title. This includes Zone A, Zone AO, on the Flood Insurance Rate Map. The Flood Insurance Study is. on file in the Office of the Director of Public Works for the City of Palm Desert. 28.06.030 Prohibition. No structure or land shall hereafter be constructed, located, extended, converted or altered except in compliance with the provisions of this Title and other applicable regulations. This Title is not intended to repeal, abrogate, or impair any existing easements, covenant or deed restriction; however, where this Chapter and another ordinance, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restriction shall prevail. 28.06.040 Interpretation. In the Interpretation and application of this Title, all provisions shall be: 1) Considered as minimum requirements; 2) Liberally construed in favor of the governing body; and 3) Deemed neither to limit nor repeal any other powers granted under State statutes. 28.06.050 Decree of Flood Protection. The degree of flood protection required by this Title is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Title does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Title shall not create liability on the part of the City of Palm Desert, any officer, or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this Title or any administrative decision lawfully made hereunder. ORDINANCE NO. 517 8 28.06.060 Severability. This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or Invalid. CHAPTER 28.08 ADMINISTRATION 28.08.010 Flood Hazard Report. A Flood Hazard Report shall be prepared by the applicant and approved as to adequacy by the Director of Public Works and considered as part of the approval process before any construction or development begins within any area of special flood hazard. A Flood Hazard Report shall specifically include the following information: 1) Existing ground elevations In mean sea level; 2) Elevation in mean sea level of the lowest floor (including basement) of all proposed residential structures. 3) Elevation in mean sea level of the lowest floor (including basement) or the level of fioodprooftng of all proposed non-residential structures. 4) Certification by a registered professional engineer or architect that the proposed structure or other development meets the standards of this Title. This includes detailed working drawings that Indicate the structure can withstand the results of the base flood. 5) Certification by a registered professional engineer that the proposed subdivision meets the standards of this Title. Detailed subdivision plans indicating how the development will be protected from the base flood should be submitted with this certification. 6) Detailed description of all channel or levee improvements or alterations, including analysis of the upstream and downstream effects of the improvement alteration. 28.08.020 Designation of Administrator. The Director of Public Works is hereby appointed to administer and implement this Title. 28.08.030 Duties and Responsibilities of Administrator. The duties of the Director of Public Works shall include but are not limited to: A. Review all Flood Hazard Reports to determine that the requirements of this title have been satisfied. B. Review all Flood Hazard Reports to determine that the building site is reasonably safe from flooding. I ORDINANCE NO. 517 0 C. Review all Flood Hazard Reports to determine that all necessary approvals have been obtained from those Federal, State, and local agencies from which prior approval is required. D. Review all Flood Hazard Reports to determine if the proposed development adversely affects the flood carrying capacity of the area of special flood hazard. For the purposes of this Title, "adversely affects" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point. 28.08.040 Base Flood Elevation Data. When base flood elevation data is not contained in the Flood Insurance Study for the City of Palm Desert, the Director of Public Works shelf obtain, review, and reasonably utilize any base flood elevation data available from a Federal, State, or other source In order to administer the specific standards for both residential and nonresidential construction. 28.08.050 Maintenance of Information. The Director of Public Works shall: A. For all elevated structures: 1) Certify whether or not the structure meets the standards of this Title. B. For all new or substantially improved floodproofed structures: 1) Certify whether or not the structure meets the standards of this Title. C. Maintain the floodproofing certifications required in this Title. 28.08.060 Alteration of Watercourses. The Director of Public Works shall notify adjacent communities and the State Department of Water Resources and the Federal Insurance Administration prior to any alteration or relocation of a watercourse. He shall require that maintenance is provided within the altered or relocated portion of said watercourse so that flood carrying capacity is not dimished. 28.08.070 Interpretation of "FIRM" Boundaries. The Director of Public Works shall establish the exact location of the boundaries of the areas of special flood hazards. Any person contesting the location of the boundaries shall be given a reasonable opportunity to appeal the interpretation to the City Council. ORDINANCE NO.S17 10 CHAPTER 28.10 STANDARDS 28.10.010 Flood Hazard Reduction. In all areas of special flood hazards, the following standards are required: A. Anchoring: 1) All new construction and substantial improvements shall be anchored to prevent floatation, collapse, or lateral movement of the structure. 2) All manufactured homes shall be anchored to resist floatation, collapse, or lateral movement by providing over -the -top and frame ties to ground anchors. Specific requirements shall be that: ( 1) Over -the -top ties be provided at each of the four corners of the manufactured home, with two additional ties per side at intermediate locations, with manufactured home less than 50 feet long requiring one additional tie per side; ( ii) Frame ties be provided at each corner of the home with five additional ties per side at Intermediate points, with manufactured homes less than 50 feet long requiring four additional ties per side; (III) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and ( iv) Any additions to the manufactured home be similarly anchored. B. Construction Materials and Methods: 1) All new construction and substantial improvements shall be constructed with materials and utility equipment resistent to flood and flood related erosion and debris damage. 2) All new construction and substantial improvements shall be constructed using methods and practices that minimize flood and flood related erosion and debris damage. 3) All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. ORDINANCE NO. 517 4) Require within Zones AH and AO adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures. C. Utilities: 1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration.of flood waters into the systems and discharge from the systems into flood waters; and 3) On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. D. Subdivision Proposals: 1) All subdivision proposals shall be consistent with the need to minimize flood damage and flood related erosion and debris damage; 2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood and flood related erosion and debris damage; 3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood and flood related erosion and debris damage; and 4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or 5 acres (whichever is less). E. Encroachments: The cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than one foot at any point. 28.10.020 Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided, or can be obtained, the following provisions are required: A. Residential Construction: New construction and substantial improvement of any residential structure shall have the lowest floor, Including basement, elevated to or above base flood elevation. B. Non-residential Construction: New construction and substantial improvement of any commercial, ORDINANCE NO. 517 12 industrial or other non-residential structure shall either have the lowest floor, Including basement, elevated to the level of the base flood elevation, or together with attendant utility and sanitary facilities, shall: 1) Be floodproofed so that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water; 2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3) Be certified by a registered professional engineer or architect that the standards of this subsection are satisfied. Such certifications shall be provided to the Director of Public Works. C. Manufactured Homes: 1) Manufactured homes shall be anchored in accordance with Subsection A of Section 28.10.010. 2) For new manufactured home parks and manufactured home subdivisions; for expansions to existing manufactured home parks and manufactured home subdivisons; for existing manufactured hone parks and manufactured home subdivisions where the repair, reconstruction or improvement of the streets, utilities and pads equals or exceeds 50 percent of value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced; and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, require that: ( i) Stands or lot are elevated on compacted fill or on pilings so that the lowest floor of the manufactured home will be at or above the base flood level; ( if) Adequate surface drainage and access for a hauler are provided; and (III) In the instance of elevation on pilings, that: a) Lots are large enough to permit steps; b) Piling foundations are placed in stable soil no more than ten feet apart; and c) Reinforcement is provided for pilings more than six feet above the ground level. 28.10.030 Floodways. Located within areas of special flood hazard are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential ORDINANCE N0. 517 13 projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction, substantial Improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. All new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Title. C. Prohibit the placement of any manufactured homes, except in an existing manufactured home park or existing manufactured home subdivision. 28.10.040 Shallow Flooding. Located within the areas of special flood hazard are areas designated as shallow flooding and include areas designated AO on the Flood Insurance Rate Map (FIRM). These areas have special flood hazards associated with base flood depths of I to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and indeterminate; therefore, the following provisions apply: A. All new construction and substantial improvements of residential structures have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the community's FIRM. B. All new construction and substantial improvements of nonresidential structures shall: 1) Have the lowest floor, including basement, elevated above the crown of the nearest street to or above the depth number specified on the FIRM; or 2) Together with attendant .utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. ORDINANCE NO.517 14 CHAPTER 28.12 VARIANCE 28.12.010 Variance. The City Council is established as the Appeals Board and shall hear and decide appeals and requests for variances from the requirements of this Title. 28.12.020 Administration. The City Council shall hear and decide appeals when it is alleged there is an error in -any requirement, decision, or determination made by the Director of Public Works in the enforcement or administration of this Title. The decision of the City Council shall be final and binding. 28.12.030 Required Findings. In acting upon any appeal, the City Council shall consider all technical evaluations or relevant factors and standards specified in this Chapter and: A. The danger that materials may be swept onto other lands to the injury of others; B. The danger to life and property due to flooding or erosion damage; C. The susceptibility of the proposed facility and its contents to flood IL damage and the effect of such damage on the individual owner; D. The importance of the services provided by the proposed facility to the community; E. The necessity to the facility of a waterfront location, where applicable; F. The availability of alternative locations, for the proposed use which are not subject to flooding or erosion damage; G. The compatibility of the proposed use with existing and anticipated development; H. The relationship of the proposed use to the comprehensive plan and flood plain management program for that portion of the City; I. The safety of access to the property in times of flood for ordinary and emergency vehicles; J. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and ORDINANCE NO. 517 15 K. The costs of providing governmental services during and after flood conditions, Including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. 28.12.040 Issuance of Variances. Variances may be issued for new construction and substantial improvements to be erected on a lot of 112 acres or less in size contiguous to or surrounded by lots with existing structures constructed below the base flood level, if the items referred to in Section 21.12.030 have been fully considered. As the lot size Increases beyond the 112 acres, the technical justification required for issuing the variance increases. The City Council, acting as the Appeals Board, may attach such conditions to the granting of a variance as It deems necessary to further the purpose and objectives of this Title. The Director of Public Works shall maintain record of all appeal actions and report any variances to the Federal Insurance Administration upon request. 28.12.050 Determination. A. Variances may be Issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this Title. B. Variances shall not be issued within any designated fioodway if any increase in flood levels during the base flood discharge would result. C. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. D. Variances shall only be issued upon: 1. A showing of good and sufficient cause. A good and.sufficfent cause Is hereby determined when: a) Compliance with this Title would cause the finished floor of a new structure to be elevated two (2) or more feet above the finished floor of adjacent structures, net of the grade difference in the natural grade and; b) Such condition causes increased flooding of surrounding properties. 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant. 3. A determination that the granting of a variance will not result in increased floor heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud or victimization of the public, or conflict with existing local laws or ordinances. ORDINANCE NO. 517 E. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. F. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. A copy of the notice shall be recorded by the Fioodplain Board in the Office of the Riverside County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. SECTION 2: The City Clerk shall certify to the passage of this ordinance and shall cause the same to be posted as required by law. This ordinance shall become effective (30) days after the date of its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 22nd days of October 1987, by the following vote, to wit: AYES: BENSON, CRITES, SNYDER, WILSON, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE RICHARD KELLY, ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA(L�